H 3440 General Bill, By Harvin

Similar(H 3537)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 38-71-635 so as to require notice for the renewal of an accident and health
 insurance policy to be given at least sixty days before the policy anniversary
 date; and to amend Section 38-71-335, as amended, relating to cancellation and
 nonrenewal procedures for accident and health insurance, so as to increase
 from thirty to sixty the number of days' notice an insurer must give when
 nonrenewing a policy.

   02/01/95  House  Introduced and read first time HJ-9
   02/01/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-9

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-635 SO AS TO REQUIRE NOTICE FOR THE RENEWAL OF AN ACCIDENT AND HEALTH INSURANCE POLICY TO BE GIVEN AT LEAST SIXTY DAYS BEFORE THE POLICY ANNIVERSARY DATE; AND TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND NONRENEWAL PROCEDURES FOR ACCIDENT AND HEALTH INSURANCE, SO AS TO INCREASE FROM THIRTY TO SIXTY THE NUMBER OF DAYS' NOTICE AN INSURER MUST GIVE WHEN NONRENEWING A POLICY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 38-71-635. Notwithstanding any other provision of law, notice for the renewal of an individual or group accident, health, or accident and health insurance policy must be given to the policyholder at least sixty days before the policy anniversary date."

SECTION 2. Section 38-71-335(C) of the 1976 Code is amended to read:

"(C) An individual or group accident, health, or accident and health insurance policy which may be nonrenewed, may be nonrenewed at the policy anniversary date or premium due date. The insurer shall give the insured at least thirty-one sixty days' written notice of nonrenewal. Nonrenewal by the insurer is without prejudice to any claims originating before the effective date of nonrenewal."

SECTION 3. This act takes effect upon approval by the Governor and applies to individual and group accident, health, or accident and health insurance policies issued after this act's effective date and to policies for which the anniversary date for renewal is one hundred twenty days after this act's effective date.